Maada Bio’s illegal dismissal of Sierra Leone’s Anti-Corruption Commissioner dominates the social media

Maada Bio boots out ACC’s Head Ady Macauley!

His Excellency President Julius Maada Bio has caused many eyebrows to be raised late yesterday of June 20th 2018 with an announcement that he was appointing a new Commissioner for the Anti Corruption Commission (ACC) in person of Francis Ben Kaifala, a young lawyer under the age of 35 years. The reason for doubts is not over the choice of Kaifala whom, on paper, appears well qualified for the position. The sensation is over the fact that there is a Commissioner still on seat at the ACC in the person of Ady Macauley Esq.

The law says that Macauley can only be removed through a detailed process involving a Tribunal to look into his health or alleged misconduct. This is because the position of ACC Boss is such a sensitive one that the holder needs security of tenure and protection from dictatorial intimidation. Other legal ways in which Macauley can be replaced by Kaifala, is if Macauley resigns or if Macauley dies. As at press time, Macauley had neither died nor resigned.
Parliament needs to approve any new ACC Commissioner. It is unknown how the current Parliament may handle the unfolding situation. Please see below for more information.

PERTINENT EXTRACTS FROM ACC ACT – WHAT THE LAW SAYS ON HOW AN ACC COMMISSIONER CAN BE LEGALLY REMOVED
Section 4. Tenure of Office of Commissioner and Deputy Commissioner
(1) The Commissioner and Deputy Commissioner shall each hold office for a term of five years and shall be eligible for re-appointment for another term of five years only.
(2) The Commissioner or Deputy Commissioner may resign his office by written notice addressed to the President.
(3) A resignation is effective upon being received by the President or by a person authorized by the President to receive it.
(4) The Commissioner or Deputy Commissioner, may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind or for stated misconduct.
(5) If it is represented to the President that the question of removing the Commissioner or Deputy Commissioner under subsection (4) ought to be investigated then the President shall appoint a tribunal which shall consist of a chairman and two other members all of whom shall be persons qualified to hold or have held office as Justices of the Court of Appeal;
(6) The Tribunal shall enquire into the matter in accordance with such procedures as it may determine and shall, not later that three months after its appointment, report on the facts thereof and the findings thereon to the President and recommend to him whether the Commissioner of Deputy Commissioner, as the case may be ought to be removed from office.
(7) While the question of removing the Commissioner or Deputy Commissioner from office is pending before a tribunal under subsection(5), the President may suspend the Commissioner or Deputy Commissioner, as the case may be, from performing the functions of his office, and the suspension shall in any case cease to have effect if the tribunal recommends to the President that the Commissioner or Deputy Commissioner ought not be removed from office.
(8) The Commissioner or Deputy Commissioner shall be removed from office by the President-
(a) if the question of his removal from office has been referred to a tribunal in accordance with subsection (5) and the tribunal has recommended to the President that the Commissioner or Deputy Commissioner ought to be removed from office;
AND
(b) if his removal has been approved by a two- thirds majority in Parliament.
Section 9. Independence of Commission
(1) The Commission shall act independently, impartially, fairly and in the public interest.
(2) Subject to this Act, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority.
By:Awareness-Times